No hawking near stations, says Bombay HC

Mumbai: The Bombay high court has refused to give any relief to street vendors seeking permission for carrying out their business in areas not demarcated as hawking zones. The petitioners had sought permission for vending in the absence of any policy framed by the civic authority. 

The court reiterated a previous Supreme Court order of 2009, restraining hawking activities within 150 metres of railway stations and 100 metres from educational and religious institutions.

A division bench of Justices B.R. Gavai and M.S. Karnik was hearing a bunch of petitions filed by various persons including Congress leader Sanjay Nirupam and street vendors from different parts of the state. 

The petitioners had forwarded various contentions including absence of any policy prior to 2014 and their rights being safeguarded by the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act. 

The arguments had been going on since the past two months, during which every petitioner was allowed to forward his/her contentions. 

The authorities, which included the state and various civic corporations, had opposed the contentions stating that the interest of vendors could not supersede the interest of the general public as the vendors encroached upon public space, thus causing inconvenience. 

The bench while distinguishing the rights of vendors and citizens said footpaths and pavements were intended for public use and not for private use and there was a need for balancing the rights of vendors and citizens. 

“We are therefore of the view that while considering the rights of the hawkers to conduct their vending business on streets, we will have to balance the rights of the pedestrians to walk on the footpaths and the citizens to use the roads for the purpose of plying their vehicles,” the court said.